New Delhi, Dec 24 (IANS) The National Green Tribunal (NGT) has said that once it has decided on a plea, a fresh original application for the same complaint should not be entertained.
“Once a complaint has already been entertained by the Tribunal in an original application and it has been decided, for the same complaint, fresh original application is not entertainable,” said a bench presided over by judicial member Justice Sudhir Agarwal.
If the order of the tribunal, passed in an earlier original application, is not complied with, the remedy lies in seeking its execution under Section 25 of the National Green Tribunal Act, 2010, added the Bench, also comprising expert member Dr A. Senthil Vel.
The green tribunal was hearing an original application raising a grievance that drains are being discharged near the residence of the applicant, causing damage to the environment and creating health hazards.
In the course of the hearing, the applicant admitted that against the same grievance, he earlier approached the NGT but the same was disposed of with the liberty to file a comprehensive complaint before the Member Secretary, Uttar Pradesh Pollution Control Board (UPPCB).
On receipt of the complaint, the UPPCB will duly consider it and take appropriate remedial action within three months, if required, the tribunal had ordered on July 24.
In his latest plea, the applicant complained that nothing had been done on his complaint filed before the UPPCB, though, three months’ timeline has already lapsed.
After the tribunal pointed out that for the same complaint, a fresh original application is not entertainable, the applicant’s counsel requested that his plea may be treated as an execution application and appropriate order may be passed.
In view of the submission made, the NGT ordered that the original application will be treated as an execution application in the original application and the registry will re-number it.
“We issue notice to Member Secretary, UPSPCB to explain as to what action it has taken in compliance with Tribunal’s order dated 24.07.2024 and a complaint made by applicant vide letter dated 06.08.2024 and reply shall be submitted within one month,” ordered the tribunal, posting the matter for next hearing on February 6.
–IANS
pds/vd
Disclaimer
The information contained in this website is for general information purposes only. The information is provided by TodayIndia.news and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of TodayIndia.news We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, TodayIndia.news takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
For any legal details or query please visit original source link given with news or click on Go to Source.
Our translation service aims to offer the most accurate translation possible and we rarely experience any issues with news post. However, as the translation is carried out by third part tool there is a possibility for error to cause the occasional inaccuracy. We therefore require you to accept this disclaimer before confirming any translation news with us.
If you are not willing to accept this disclaimer then we recommend reading news post in its original language.
